Call For A Free Consultation
(386) 388-6260No Recovery, No Fee
In this article, you can discover…
Disclaimer: The discussions in these articles are based on FLORIDA whistleblower laws, NOT Federal laws.
Within whistleblower law, there is something called the “Manager’s Rule”. Some courts have determined that people in a position wherein they are meant to assure compliance with rules and regulations cannot themselves be the beneficiary of whistleblower protection if assuring such compliance is a function of their job.
However, in the state of Florida, that rule seems to be receding. Upcoming cases may set new precedents, allowing higher-level managers and supervisors to benefit from whistleblower protection laws, as well.
And while most employers aren’t this little, Florida mandates that an employer must have 10 or more employees for the Private Whistleblower Act to apply. If your employer has fewer than 10 employees, you may not have statutory protection as a whistleblower under that law.
No. Unfortunately, under Florida law, you are not guaranteed confidentiality or anonymity. Where provisions regarding confidentiality exist under Federal law, Florida’s whistleblower laws require you to identify yourself and your objection to your employer to benefit from protection.
While you do not need to have irrefutable proof of employer wrongdoing, having strong evidence will greatly help your case and make it more likely that you will receive protection as a whistleblower.
While some courts may allow you protection if you simply have a good faith belief that the law was violated, it can be risky to rely on this option. In general, it is best to have clear evidence of an actual violation of the law to benefit from any retaliatory protection.
Attorney Matt Romanik is an experienced, hard-working whistleblower protection attorney serving Florida. For nearly 30 years, he’s helped clients just like you clear up their misconceptions, understand their legal rights, and seek to recover economic losses after employer retaliation.
Have questions, or in need of legal help? Reach out to Working For Workers for an initial consultation today!
While NDAs are not usually involved, your employer may try to resolve your complaint by having you sign a general release. For example, if you complain to an employer about a violation, they may turn around and offer you a severance package conditioned upon you letting the matter go legally.
Therefore, it’s important to understand the significance and applicability of this agreement, as it can extinguish your ability to bring a claim. When in doubt, allow an experienced whistleblower protection attorney to review your case and advise you of your legal rights and options before you sign anything.
In the private workplace sector, all that is required is for you to object to or refuse to participate in illegal conduct. In the public sector, however, you must make a formal complaint. While this can technically be done through email, it is safest to ensure these documents are signed and retained in writing as clearly and quickly as possible. This helps ensure that there is no confusion about the particularity of your complaint.
Not always. While some headline cases on a Federal level can lead to substantial numbers for wronged parties, most Florida state-level cases see much smaller awards.
For example, you could see damages related to your economic losses and perhaps some non-economic losses, but awards in the millions of dollars are very unlikely. If your case has not led to substantial governmental loss of money or fraud, a very high dollar amount of recovery is not likely.
I will be sure to sit down with you individually and help you pinpoint what your quantifiable economic losses are. These hard numbers will be significant and will serve as key evidence if presented to a judge and jury. In essence, what did you lose mathematically as a dollar amount?
While non-economic recoveries may be possible, it is rare that employers will agree to a large non-economic award as part of a settlement. A judge and jury may ultimately agree that your case deserves non-economic compensation, but a large dollar amount in that category is not guaranteed.
For more information on 5 Myths About Whistleblower Protections In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.
Attorney Matt Romanik is an experienced, hard-working whistleblower protection attorney serving Florida. For nearly 30 years, he’s helped clients just like you clear up their misconceptions, understand their legal rights, and seek to recover economic losses after employer retaliation.
Have questions, or in need of legal help? Reach out to Working For Workers for an initial consultation today!
